SREEDHAR YESHWANT MORAJKAR Vs. PUSHPA MANDREKAR

JUDGEMENT

(1.) Heard Mr Desai for the appellants and Mr M. Fernandes for the respondent.

(2.) The appellants are the legal representatives of Sree Yeshwant Morajkar, the original Defendant in Regular Civil Suit No.59/2003/C instituted in the Court of Civil Judge, Junior Division at Vasco (Trial Court). The respondent is the original plaintiff in the said suit. Therefore, for convenience, the appellant will be referred to as the Defendant, and the respondent will be referred to as the plaintiff.

(3.) The plaintiff instituted the suit for a mandatory and permanent injunction regarding the suit property described in the plaint. The description of the two rooms in respect of which a mandatory injunction for demolition and consequently restoration of possession was applied for is found in paragraphs 6 and 8 of the plaint, which reads as follows :